Chương 1: Nghị định 15/2014/NĐ-CP hướng dẫn Luật hòa giải ở cơ sở Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides in detail the scope of grassroots conciliation; financial support for grassroots conciliation work and conciliators, and some measures for implementation of the Law on Grassroots Conciliation.

Article 2. Encouragement of individuals to participate in grassroots conciliation

Prestigious persons in families, clans and communities participating in grassroots conciliation are entitled to state support in accessing documents and legal knowledge for grassroots conciliation activities; and to commendation for active participation in grassroots conciliation activities as prescribed at Point d, Clause 1; Point d, Clause 2; and Point d, Clause 3, Article 4 of this Decree.

Article 3. Encouragement of organizations and individuals to make contributions to and support grassroots conciliation work

1. Organizations and persons that make contributions to and support grassroots conciliation work are entitled to free provision by the State of information on relevant policies and laws; and to commendation for active participation in grassroots conciliation activities as prescribed at Point d, Clause 1; Point d, Clause 2; and Point d, Clause 3, Article 4 of this Decree.

2. Organizations of the Vietnam Lawyers Association, the Vietnam Bar Federation, other socio-professional law organizations, law practice organizations and legal consultancy organizations that support documents for conciliation activities; disseminate the law on grassroots conciliation; and support training in legal knowledge and skills for conciliators; and create conditions for their members to participate in grassroots conciliation, are entitled to commendation as prescribed at Point d, Clause 1; Point d, Clause 2; and Point d, Clause 3, Article 4 of this Decree.

Article 4. Responsibilities of People’s Committees at all levels for state management of grassroots conciliation

1. Provincial-level People’s Committees shall:

a/ Assume the prime responsibility for, and coordinate with provincial-level Vietnam Fatherland Front Committees in, guiding and organizing the implementation of legal documents on grassroots conciliation in their localities;

b/ Compile and support documents for grassroots conciliation work; provide training in and professional guidance on state management of grassroots conciliation for the district level; guide the district level in training and updating legal knowledge on and skills of grassroots conciliation for conciliators under the Ministry of Justice’s guidance;

c/ Summarize and submit cost estimates for support of grassroots conciliation work in their localities to provincial-level People’s Councils for consideration and decision;

d/ Assume the prime responsibility for, and coordinate with provincial-level Vietnam Fatherland Front Committees in, examining, reviewing and commending grassroots conciliation activities in accordance with the law on emulation and commendation; receive, organize implementation, and commend organizations and persons participating in, making contributions to, and supporting, grassroots conciliation work of provinces and centrally run cities; consider and decide on commendation of organizations and persons participating in and making contributions to grassroots conciliation work of urban and rural districts, towns and provincial cities at the proposal of district-level People’s Committees; biannually, annually and upon request make statistics and reports on the implementation of the law on grassroots conciliation to provincial-level People’s Councils and the Ministry of Justice.

2. District-level People’s Committees shall:

a/ Assume the prime responsibility for, and coordinate with district-level Vietnam Fatherland Front Committees in, guiding and organizing the implementation of legal documents on grassroots conciliation in their localities; guide the incorporation of the implementation of the law on grassroots conciliation into the formulation and implementation of conventions of hamlets, villages or residential groups; provide free information on relevant policies and laws to the organizations and persons specified in Clause 1, Article 3 of this Decree;

b/ Provide training and retraining in and professional guidance on state management of grassroots conciliation for the commune level; train in legal knowledge on and skills of grassroots conciliation for conciliators under the guidance of provincial-level Justice Departments;

c/ Summarize and submit cost estimates for support of grassroots conciliation work in their localities to People’s Councils or competent state agencies for consideration and decision;

d/ Assume the prime responsibility for, and coordinate with district-level Vietnam Fatherland Front Committees in, examining, reviewing and commending conciliation activities in accordance with the law on emulation and commendation; receive, organize implementation, and when necessary, commend or propose provincial-level People’s Committees to commend organizations and persons participating in, making contributions to, and supporting, grassroots conciliation work of urban and rural districts, towns and provincial cities; consider and decide on commendation of organizations and persons participating in, making contributions to, and supporting, grassroots conciliation work of communes, wards and townships at the proposal of commune-level People’s Committees; biannually, annually and upon request make statistics and reports on the implementation of the law on grassroots conciliation to district-level People’s Councils and provincial-level Justice Departments.

3. Commune-level People’s Committees shall:

a/ Assume the prime responsibility for, and coordinate with commune-level Vietnam Fatherland Front Committees in, guiding and organizing the implementation of legal documents on grassroots conciliation; guide the incorporation of the implementation of the law on grassroots conciliation into the formulation and implementation of conventions of hamlets, villages or residential groups; support documents and disseminate laws for conciliation activities for the persons specified in Article 2 of this Decree;

b/ Coordinate with commune-level Vietnam Fatherland Front Committees in guiding Front Working Boards in coordinating with heads of hamlets or street residential groups in forming and strengthening conciliation teams and recognizing or relieving from duty heads and members of conciliation teams;

c/ Make and submit cost estimates for support of conciliation activities to People’s Councils of the same level or competent state agencies for consideration and decision; provide financial support for conciliation activities in communes, wards and townships;

d/ Assume the prime responsibility for, and coordinate with commune-level Vietnam Fatherland Front Committees in, examining, reviewing and commending conciliation activities in accordance with the law on emulation and commendation; receive, organize implementation, and when necessary, commend or propose district-level People’s Committees to commend organizations and persons participating in, making contributions to, and supporting, grassroots conciliation work of communes, wards and townships; biannually, annually and upon request make statistics and reports on the implementation of the law on grassroots conciliation to commune-level People’s Councils and district-level Justice Sections.